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29 BE IT FURTHER RESOLVED by the Council for the City of Charlottesville, Virginia that the City Attorney is hereby authorized and directed to institute eminent domain proceedings pursuant to Titles 15.2 and 25.1 of the Code of Virginia as may be necessary to gain entry to and acquire title to the property located at 401 East High Street, and to execute any such documents as may be necessary for those proceedings. g. RESOLUTION: Condemnation of a portion of 417 Park Street for Court Expansion Project WHEREAS, pursuant to Virginia law every city and county is obligated to provide suitable space and facilities to accommodate its respective courts and court officials, including space and facilities for the Juvenile and Domestic Relations District Court and its Court Services Unit; and WHEREAS, to that end the City of Charlottesville and the County of Albemarle, Virginia have previously approved an Improvement Plan for the Charlottesville- Albemarle Juvenile and Domestic Relations District Court, that requires new construction, significant renovation of existing facilities, and the acquisition of additional properties; and WHEREAS, as part of the Court Improvement Plan a new Juvenile Court parking garage will be constructed on the site to serve the needs of the Court, its staff and members of the public using the Court facilities; and WHEREAS, the City of Charlottesville needs to acquire fee simple title to approximately 2,640 square feet of property located at the rear of 417 Park Street Street in the City of Charlottesville, Virginia, shown as "Parcel A" on the attached survey dated July 30, 2004, in order to provide access to the new parking garage that will serve the Juvenile Court; and WHEREAS, the City has retained a professional real estate appraiser to determine the fair market value of the needed property at 417 Park Street, has provided the owner with a copy of that appraisal with the explanation of the factual basis for the value determined, and has made a bona fide effort to purchase the property for its fair market value as established in the appraisal; and WHEREAS, the owner of the property has declined the City's offer, further negotiations for the acquisition of the property have been ineffectual and the parties have been unable to agree on the compensation to be paid for the property; and WHEREAS, due to the needs of the Juvenile and Domestic Relations District Court there is no alternative to acquisition of the property, and the City of Charlottesville has no recourse but to acquire fee simple title to the property for the proposed public use through the exercise of its power of eminent domain, as authorized by law. NOW, THEREFORE, BE IT RESOLVED, by the Council for the City of Charlottesville, Virginia that (i) the proposed use of the property located at 417 Park Street as a public vehicular access to the Juvenile and Domestic Relations District Court facility is a public use and is hereby approved; and (ii) the acquisition of the property for that purpose fulfills a public purpose and necessity; and BE IT FURTHER RESOLVED by the Council for the City of Charlottesville, Virginia that the City Attorney is hereby authorized and directed to institute eminent domain proceedings pursuant to Titles 15.2 and 25.1 of the Code of Virginia as may be necessary to gain entry to and acquire title to the above-described property located at 417 Park Street, and to execute any such documents as may be necessary for those proceedings. ORDINANCE: "AN ORDINANCE DECLARING PROPERTY LOCATED AT 2210 NORTH BERKSHIRE ROAD TO BE A PUBLIC NUISANCE" (2nd reading)